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Words: | Submitted: Mon Jun 19 2006
... cannot be accepted so as to form a valid contract"1 An offer must be an understandable, explicit and direct approach to another party to contract. For this reason, advertisements, catalogues or store flyers are not offers. Nor is a "for sale" sign on a used car. The law calls these "invitations to treat"; essentially invitations to the general public to make an offer on a particular item. In the scenario, an offer is made, with an acceptance agreed. There is no problem in identifying this, or mistaking it as an invitation to treat. Acceptance validates the contract; it gives it life. It is at that moment that a contract exists; that there is consensus ad idem (assuming a valid offer and consideration). It also must be clear, unequivocal, unconditional and made by the person to whom the offer is intended. It is not enough to say that you find the offer to ...
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